MOHD NAIME Vs. MOHD TALIB

JUDGEMENT

(1.) This writ petition is directed against the impugned order dated 10.9.2010 upholding the orders dated 12.9.2005 and 30.9.2005 passed in Rent Case No. 14/2002 whereby the disputed premises was declared vacant under section 12 of the U.P. Act No. 13 of 1972 (in short "the Act") and the release order under section 16(1)(b) of the Act was passed in favour of the landlord. By order dated 12.9.2005 vacancy was declared with respect to the disputed premises by the prescribed authority. Aggrieved with the said order, the petitioner filed a writ petition No. 63670 of 2005 wherein this Court passed the following order dated 30.9.2005:

(2.) It appears that the petitioner in order to avoid the payment of enhanced rent as fixed by this Court on 13.11.2006 chose not to pursue the Writ Petition No. 63670 of 2005 filed against the vacancy order dated 12.9.2005.

(3.) The perusal of the record reveals that during the pendency of the writ petition No. 63670 of 2005, the petitioner also filed a revision against the orders dated 12.9.2005 (declaration of vacancy) as well as 30.9.2005 (release order) under section 18 of the UP Act No. 13 of 1972 before the District Judge and the same was also dismissed by the revisional Court by order dated 10.9.2010. It is not disputed that the Writ Petition No. 63670 of 2005 filed earlier by the petitioner against the vacancy order dated 12.9.2005 with respect to the disputed premises stood dismissed for want of prosecution on 13.8.2007. It is also not disputed that the said order dated 13.8.2007 has not yet been recalled or set aside, as such, the order dated 12.9.2005 declaring vacancy of the disputed premises stood confirmed. In this view of the matter, this Court cannot again re-examine the validity of the order dated 12.9.2005 which was the subject-matter of the earlier Writ Petition No. 63670 of 2005 which was dismissed for want of prosecution by order dated 13.8.2007.